Restorative Justice under the ICC Penalty Regime

No metrics data to plot.

The attempt to load metrics for this article has failed.

The attempt to plot a graph for these metrics has failed.

The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on
BrillOnline Books and Journals. Students and scholars affiliated with an
institution that has purchased a Brill E-Book on the BrillOnline platform
automatically have access to the MyBook option for the title(s) acquired by the
Library. Brill MyBook is a print-on-demand paperback copy which is sold at a
favorably uniform low price.

This paper investigates the International Criminal Court's prosecutorial and sentencing strategies in supplying durable international, and through complementarity, national accountability mechanisms with clearly defined sentencing objectives. By scrutinising the scope of plea agreements as a validated trial strategy for international crimes and the sentencing rationale of the same, this work evaluates the impact these have on restorative and reconciliatory justice. An overview of this practice as well as that of amnesties aims to illustrate the ideologically ambivalent model of international justice under the ICC Statute and its detrimental outcome, or impartial approach to international justice and, importantly, to the quest for truth. This results in potential distortion of the historical record accompanying conflict, which in turn is fundamental to any peace building and reconciliation process.

Affiliations:
1: Lecturer in Law, Department of Law, University of Greenwich, London, UK